Madras High CourtCRL OP/16631/2023disposed of

L.Kumarappan v. P.Sunitha

2023-07-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16631 of 2023 and Crl.O.P Nos.10615 & 10617 of 2023 L.Kumarappan Petitioners vs.

P.Sunitha Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the complaint in C.C.No.7863 of 2022 pending on the file of the learned Fast Tract Court-II at Magisterial Level, Allikulam, Chennai.

For Petitioner : Mr.C.Umashankar

ORDER

This petition has been filed challenging the proceedings initiated by the respondents against the petitioner under Section 138 of Negotiable Instruments Act.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court and the same shall be

considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. The learned counsel for the petitioner requested this Court to dispense with the presence of the petitioner. Taking into consideration, the facts and circumstances of the case, the presence of the petitioner is dispensed with and he shall be represented by a counsel, who shall cross examine the witnesses on the same day, they are examined in Chief. The petitioner shall be present before the Court at the time of initial questioning under Section 251 of Cr.P.C., and subsequent questioning under Section 313 of Cr.P.C., and at the time of passing of the judgment.

4. Accordingly, this Criminal Original Petition is dismissed and the Court below is directed to complete the proceedings in C.C.No.7863 of 2022, within a period of four months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is also closed. 26.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr

To 1.The Fast Tract Court-II at Magisterial Level, Allikulam, Chennai. 2.The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

ssr Crl.O.P No.16631 of 2023 and Crl.O.P Nos.10615 & 10617 of 2023 26.07.2023